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195A: Alteration of heritage order
or “How to change an order that protects important old places or things”
You could also call this:

“The Minister can give the job of protecting important places to someone else, but there are rules to follow.”

The Minister can move responsibility for an existing heritage order to another heritage protection authority. However, the Minister can’t do this if the heritage order is about private land and the new authority is a body corporate approved under section 188.

When deciding whether to transfer responsibility, the Minister must think about the heritage values of the place or area, how the place or area can still be used reasonably even with the heritage order, and other important things. These other things can include how the heritage order affects the property rights of the owner and occupier, and whether the new authority can protect the place or area.

Before the Minister can transfer responsibility, they must tell certain people and organisations in writing. These include the current and proposed authorities, the owner and occupier of the place or area, anyone else with a registered interest in it, and the local council.

The people and organisations who get this notice have 20 working days to write to the Minister with any objections or comments. The Minister must think about all of these before making a final decision.

In this section, private land means what it says in section 189(6).

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Next up: 195C: Notice of determination

or “The Minister must tell everyone about their decision and the local council must update their plan.”
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Part 8 Designations and heritage orders
Heritage orders

195BTransfer of heritage order

  1. The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority.

  2. However, the Minister must not exercise the power under subsection (1) if—

  3. the heritage order relates to private land; and
    1. the transfer of the order is to a body corporate approved under section 188.

      1. In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—

      2. the heritage values of the place or area subject to the heritage order; and
        1. the reasonable use of the place or area despite it being subject to a heritage order; and
          1. any other matters that the Minister considers relevant, such as—
            1. the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area:
              1. the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area.

              2. Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on—

              3. the heritage protection authority currently responsible for the heritage order; and
                1. the heritage protection authority to whom the Minister proposes to transfer that responsibility; and
                  1. the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and
                    1. the territorial authority in whose district the place or area subject to the order is located.

                      1. The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.

                      2. The Minister must take into account all objections and submissions received within the specified time before making a final determination.

                      3. In subsection (2), private land has the meaning given in section 189(6).

                      Notes
                      • Section 195B: inserted, on , by section 99 of the Resource Legislation Amendment Act 2017 (2017 No 15).